Texas Occupations Code 301.354 – Nurse First Assistants; Assisting At Surgery by Other Nurses
(a) In this section, “nurse first assistant” means a registered nurse who:
(1) has completed a nurse first assistant educational program approved or recognized by an organization recognized by the board; and
(2) is either:
(A) certified in perioperative nursing by an organization recognized by the board; or
(B) recognized by the board as an advanced practice nurse and qualified by education, training, or experience to perform the tasks involved in perioperative nursing.
(b) Unless the person is a nurse first assistant, the person may not use:
(1) the title “nurse first assistant” or “registered nurse first assistant”;
(2) the abbreviation “R.N.F.A.”; or
(3) any other title or abbreviation that implies to the public that the person is qualified as a nurse first assistant under this section.
Terms Used In Texas Occupations Code 301.354
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) A health maintenance organization or an insurer, including an insurer offering a preferred provider benefit plan, may not, by contract or any other method, require a physician to use the services of a nurse first assistant.
(d) A nurse who is not a nurse first assistant may assist a physician, podiatrist, or dentist in the performance of surgery if the nurse:
(1) assists under the direct personal supervision and in the physical presence of the physician, podiatrist, or dentist;
(2) is in the same sterile field as the physician, podiatrist, or dentist;
(3) is employed by:
(A) the physician, podiatrist, or dentist;
(B) a group to which the physician, podiatrist, or dentist belongs; or
(C) a hospital licensed or owned by the state; and
(4) is qualified by education, training, or experience to perform the tasks assigned to the nurse.
(e) A patient or third-party insurer may not be billed separately for the services performed by a nurse described by Subsection (d).